Search Results for "order vii rule 11"

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Search Results for "order vii rule 11"

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High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Case — Civil Suit Not Barred Under Section 34 When Challenge is to Mortgage Validity and Bank's Actions, Not Recovery Proceedings. The court held that the bar under Section 34 of the SARFAESI Act does not apply to a suit seeking declaration of title and challenging the validity of a mortgage, as such issues are not within the jurisdiction of the Debt Recovery Tribunal.

16 Jul 2021

The appellant, Smt. Nanjamma, filed a civil suit (O.S.No.3780/2017) before the XXII Additional City Civil and Sessions Judge, Bengaluru, seeking a dec...

High Court

High Court of Karnataka Dismisses Election Petition Challenging MLC Election Due to Non-Compliance with Section 81 of Representation of People Act, 1951 — Petition Filed Beyond Limitation and Lacks Material Facts. The court held that the election petition must be filed within 45 days from the date of election and must contain material facts; failure to do so results in rejection under Order VII Rule 11 CPC.

18 Feb 2021

The petitioner, Shri Ravi Shivappa Padasalagi @ Savadi, filed an election petition under Section 81 read with Section 100(1)(d)(iv) of the Representat...

High Court

Bombay High Court Upholds Trial Court Order Directing Valuation Under Bombay Court Fees Act in Will Cancellation Suit. Suit for cancellation of Will is not a mere declaratory suit and requires valuation under Sections 6(iv)(d) and 6(iv)(ha) of the Bombay Court Fees Act, 1956.

5 Feb 2013

The petitioners, original plaintiffs, filed a suit challenging the Will of Narinder Singh Chowdhary, who died on 21/01/2012. The plaintiffs sought a d...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order VII Rule 11 CPC Not Applicable When Suit Not Barred by Law. The pendency of a probate proceeding does not bar a suit for partition and the plaint cannot be rejected under Order VII Rule 11 CPC.

8 Jan 2020

The appellant, Sri Venkatalingaiah Murthy, filed a petition for Letters of Administration (P&SC No.63/2011) in respect of the Will of late Sri K. Moha...

High Court

Bombay High Court Upholds Rejection of Plaint in Recovery Suit as Time-Barred Under Order VII Rule 11 CPC. Claim for Damages for Short Delivery of Goods Filed Beyond Three-Year Limitation Period Under Article 11 of Limitation Act, 1963.

12 Aug 2005

The appeal was filed by Reliance Industries Limited against the order of the Civil Judge, Senior Division, Panvel, dated 21/3/1998, rejecting the plai...

High Court

Bombay High Court Allows Conversion of Writ Petition into Second Appeal in Order VII Rule 11 CPC Rejection Case. Dismissal of Delay Condonation Petition in First Appeal Must Be Challenged by Second Appeal Under Section 100 CPC, Not Revision Under Article 227.

17 Dec 2019

The petitioner, as plaintiff, filed a suit for declaration and injunction. The trial court rejected the plaint under Order VII Rule 11(a) and (d) CPC....

High Court

Bombay High Court Dismisses Election Petition for Non-Disclosure of Cause of Action in Gadchiroli-Chimur Lok Sabha Constituency Dispute. Alleged Discrepancy of 62 Votes in Final Tally Does Not Constitute a Cause of Action Under Section 100(1)(d)(iv) of the Representation of the People Act, 1951.

25 Nov 2019

The petitioner, Dr. Rameshkumar Bapuraoji Gajbe, contested the election to the 17th Lok Sabha from the Gadchiroli-Chimur Constituency as a candidate o...

High Court

High Court of Bombay at Nagpur Dismisses Bank's Revision Against Rejection of Plaint in Suit Challenging SARFAESI Action — Civil Court Has Jurisdiction to Entertain Suit Alleging Violation of RBI Guidelines and Fraud.

14 Nov 2019

The case involves a civil revision application filed by Bank of Baroda (applicant/original defendant) challenging an order dated 26/04/2018 passed by ...

High Court

High Court of Karnataka Allows Revision Petition in Electricity Supply Company Case — Plaint Rejected for Lack of Jurisdiction Under Section 145 of Electricity Act, 2003. Civil Court Has No Jurisdiction to Entertain Suit for Specific Performance of Contract for Electricity Connection Where Remedy Lies Before the Special Court Under the Electricity Act.

10 Dec 2020

The present case involves a civil revision petition filed by the Hubli Electricity Supply Company (HESCOM) and its Assistant Executive Engineer agains...

High Court

Bombay High Court Allows Civil Revision Application, Rejects Plaint in Co-operative Society Recovery Dispute. Challenge to Attachment and Auction Orders Under Maharashtra Co-operative Societies Act, 1960 Barred by Section 163, Civil Court Lacks Jurisdiction.

17 Oct 2025

The petitioner, Kalika Nagri Sahakari Patsanstha Maryadit, a co-operative society registered under the Maharashtra Co-operative Societies Act, 1960, f...

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